Pregnancy & Maternity Employment Law Advice For Employers

How to prevent pregnancy and maternity discrimination in the workplace

Workplace discrimination against pregnant employees is where a woman is treated unfavourably on the grounds of her pregnancy or pregnancy-related illness during the protected period from conception to the end of statutory maternity leave. Treating an employee unfavourably as a result of her maternity leave or request for maternity leave is unlawful under the Equality Act 2010 which prohibits pregnancy and maternity discrimination against employees.

Employers must be fully aware of their employees’ maternity and pregnancy employment rights in the workplace and their legal obligations to prevent pregnancy and maternity discrimination. This includes being aware of how the business treats a pregnant employee during the protected period. Employers must also be clear about an employee’s legal workplace entitlements.

What is the protected period?

The protected period in relation to a woman’s maternity leave starts when the pregnancy begins. For women with the right to ordinary and additional maternity leave, it ends on completion of their maternity leave or when they returns to work, if that is earlier.

If she does not have that right, the protected period finishes at the end of the second week after the pregnancy ends.

Discrimination

During this period, employers mustn’t treat a woman unfavourably because of her pregnancy, maternity leave, or related illness.

Redundancy protection

There is also a separate redundancy protection period, which is longer, and starts from when the employee informs the employer about the pregnancy, and lasts until 18 months afer the birth.

In essence, the “protected period” is a specific timeframe during which pregnant employees and those on maternity leave are shielded from unfavourable treatment based on their pregnancy or maternity leave status.

If you believe you or your business may have discriminated against an employee due to their pregnancy, maternity leave or request for maternity leave, you should consult a specialist maternity and pregnancy discrimination solicitor.

Pregnancy discrimination in the workplace examples

Direct pregnancy discrimination

Unlike other forms of discrimination in the workplace, there is only one specific form of pregnancy discrimination in the workplace. This is direct discrimination, which is defined as someone discriminating against a woman in the protected period in relation to her pregnancy, or treating her unfavourably because of her pregnancy or any illness she suffers because of it.

Examples of pregnancy discrimination at work could include if an employer selected an employee for redundancy because of their pregnancy or pregnancy-related illness. Another example could be if the employer dismissed an employee or didn’t renew their contract because of their pregnancy. Similarly, if the employer reduced a pregnant employee’s pay or hours as a result of their pregnancy, this could also be considered to be pregnancy discrimination in the workplace.

Indirect pregnancy discrimination

There are no specific definitions of indirect victimisation and harassment on the grounds of pregnancy. Please refer to our sex discrimination in the workplace page for further guidance.

Maternity discrimination in the workplace examples

There are different forms of maternity discrimination in the workplace, which occurs where a woman is treated unfavourably because:

• She is on compulsory maternity leave
• She is exercising or seeking to exercise or has exercised or sought to exercise, the right to maternity leave

In addition, pregnant women and women who are employed and have given birth have a number of rights on maternity leave, including the right to one year’s statutory maternity leave (regardless of length of service), maternity pay and the right to the same terms and conditions including pay rises, promotion and bonuses.

It is also automatically unfair to dismiss or select a woman for redundancy when pregnant if the principal reason is connected to her maternity leave (this includes non-renewal of a fixed-term contract).

Redundancy protection, since 6 April 2024, has been extended to employees who are pregnant and returning from maternity leave. This protection from redundancy when pregnant now applies during pregnancy from the date the employer is notified.

For maternity leave, it now ends 18 months after childbirth. This means that if your employee takes their full entitlement of 52 week’s maternity leave, they are protected for an extra 6 months on returning from maternity leave.

This protection does not stop you selecting these employees for redundancy, either because their role is no longer required or in a scoring process. But they do  have priority over other employees for any suitable alternative roles. It is therefore important to factor this in to any restructuring exercise to avoid claims of automatic unfair dismissal and pregnancy and maternity discrimination.

How we help employers prevent pregnancy and maternity discrimination in the workplace

As best practice Employment lawyers, we provide employment law advice for employers to help you understand pregnancy and maternity employment law and your responsibilities towards pregnant employees. We also assist businesses in implementing practices and procedures to prevent all forms of employment discrimination.

Pregnancy employment rights are complex. We can provide training on your legal obligations when dealing with pregnant women. Failure to observe these obligations could result in an Employment Tribunal claim for unlawful discrimination and/or unfair dismissal.

We promote best practice regarding the treatment of pregnant women and women on maternity leave. We can help you devise policies and procedures to ensure women’s maternity and pregnancy rights at work are protected, including issues such as breastfeeding, health and safety and flexible working. We can also advise on all issues related to maternity rights, including redundancy situations and Settlement Agreements.

If you are implementing collective redundancies we can ensure you comply with pregnancy Employment Law. It is automatically unfair to dismiss or select a woman for redundancy where the principal reason is connected to her pregnancy. There are also special rules regarding offering suitable alternative employment.

If a pregnancy or maternity discrimination claim is made against your business, we can represent you at an Employment Tribunal.

Contact us today to find out more on 01273 609911, or email info@ms-solicitors.co.uk.